Maple News reports that the federal government of Canada has received a court-approved extension to amend the First-Generation Limit (FGL) in the Citizenship Act, a rule that currently affects Canadian citizens who were born abroad and wish to pass citizenship to their children also born outside Canada. The original deadline set by the Ontario Superior Court was June 19, 2024, but the government now has until August 9 to introduce necessary changes.
The FGL rule, in place since 2009, prevents individuals born outside of Canada to Canadian parents—who themselves were also born abroad—from automatically passing on their citizenship to their children. This legal restriction has come under scrutiny, with the Ontario Superior Court ruling the limitation unconstitutional in late 2023. The court determined that it creates a “two-tier” citizenship structure and ordered the government to revise the legislation.
The government has already introduced Bill C-71 aimed at repealing the FGL rule. If passed, the bill would restore birthright citizenship to children born abroad, provided that at least one Canadian parent born outside the country has accumulated three years (1,095 days) of physical presence in Canada prior to the child’s birth or adoption. While the bill was tabled in Parliament in May 2024, further progress is paused as the House of Commons began its summer recess last week, not expected to resume until mid-September.
Another procedural hearing is scheduled for August 1 to evaluate whether another extension to December 2024 is warranted. The judge has requested a progress report on Bill C-71 and an outline of the government’s plans to enact the legislation by December 19.
In the meantime, Immigration, Refugees and Citizenship Canada (IRCC) has introduced interim relief measures. Since May 30, 2024, eligible applicants affected by the FGL rule can request a discretionary grant of citizenship through urgent processing, pending formal legislative change. These measures apply to those who have already submitted a proof of citizenship application under the FGL rules and meet urgent processing criteria, or whose applications had been deprioritized but are now being re-evaluated due to urgency.
The changes, once implemented, are expected to expand access to Canadian citizenship for children of second-generation Canadians born abroad, bringing greater inclusivity to the system. It also addresses long-standing concerns from Canadian families living internationally, many of whom have faced systemic barriers in securing citizenship for their children.
Canadian citizenship offers numerous advantages, including the right to live and work anywhere in the country, the ability to vote and run for office, eligibility for a top-ranking Canadian passport, and the right to hold dual citizenship. While permanent residents are not required to pursue citizenship, many choose to do so to fully access legal and civic privileges.
Maple News will continue to monitor developments related to Bill C-71 and provide timely updates as the government takes further steps toward amending Canada’s Citizenship Act.